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MISSISSIPPI FARM BUREAU MUT. INS. CO. v. BAILEY

No. 2001 CA 0674.

818 So.2d 214 (2002)

MISSISSIPPI FARM BUREAU MUTUAL INSURANCE COMPANY v. Keiffer BAILEY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 22, 2002.

Attorney(s) appearing for the Case

Andrew Eversberg, Paul Marks, Jr., Baton Rouge, for Appellee Defendant Mississippi Farm Bureau Mutual Insurance Company.

Stephen H. Myers and Miles A. Matt, Lafayette, for Appellant Plaintiff Jules B. Labatut, II, et al.

Before: FOIL, PETTIGREW and KLINE, JJ.

FOIL, Judge.

This appeal challenges the trial court's dismissal of a nullity action. We reverse.

BACKGROUND

On November 23, 1995, Kathleen Labatut was involved in an automobile accident with Kieffer Bailey at an intersection in Baton Rouge, Louisiana. Kathleen died as a result of injuries sustained in the accident, and on February 26, 1996, her parents (the Labatuts) filed a wrongful death action in the 19th Judicial District Court for the Parish...

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